Can he make me sell my house if the mortgage and deed was in my name? 2 Answers as of July 02, 2013A few years ago my fiance and I bought a house together. The mortgage is in my name and the deed originally was just in mine also. We did put his name on the deed last year. We have recently broken up and he is telling me to sell the house or he will get a lawyer to make me sell it. He moved out, really with no notice, and I am living in the house. I really don't think he will just take his name off of the deed because I am assuming he wants money from the sale. We got the house for a really good price and he knows there will probably be some left over after a sale. I am in Pennsylvania. I know it wasn't a good idea to buy a house without being married, but we were planning on it. Any advice would be great. Thanks in advance.
Hunter Law Office | Rachel Lea Hunter
The name on the mortgage is not relevant here. Its who is on the deed. Adding the fiance to the deed was a huge mistake because you just gave him 1/2 of the equity in the house. Either you pay him money to get him to convey 1/2 the house back to you or he can bring what is called a partition action. In a partition action, either of the deed owners to the property can force a sale of the home. After the mortgage is paid, the equity is then divided between the parties. You can bid at the sale and can buy back the home but you will still have to pay him 1/2 the equity. How is it that you were able to add him to the deed without the consent of the lender and have him not be on the mortgage too? I would figure out how much equity is in the home and give him half of that. You will not get significant money at a partition sale and selling a home can be tricky depending on where it is located. Never ever buy anything with anybody to whom you are not married.
Answer Applies to: North Carolina
Pelger Law | William R. Pelger
You can buy him out, or force him to take legal action such as a partition action to force you to sell the property. For him to do this requires a lawyer to start a law suit and is a lot of work. Once he learns that you may have a better bargaining position to buy him out at a lower figure.
Answer Applies to: Pennsylvania